Missouri 2025 Regular Session

Missouri Senate Bill SJR31 Compare Versions

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1-1282S.05C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
5-SENATE JOINT RESOLUTIONS NOS. 31, 20, 24, 42, 32, & 48
1+
2+EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3+and is intended to be omitted in the law.
4+FIRST REGULAR SESSION
5+SENATE JOINT RESOLUTION NO. 31
6+103RD GENERAL ASSEMBLY
7+INTRODUCED BY SENATOR BROWN (26).
8+1282S.02I KRISTINA MARTIN, Secretary
69 JOINT RESOLUTION
7-Submitting to the qualified voters of Missouri, an
8-amendment repealing sections 20 and 26 of article X
9-of the Constitution of Missouri, and adopting four
10-new sections in lieu thereof relating to taxation.
10+Submitting to the qualified voters of Missouri, an amendment repealing sections 20 and 26 of
11+article X of the Constitution of Missouri, and adopting three new sections in lieu thereof
12+relating to taxation.
1113
1214 Be it resolved by the Senate, the House of Representatives concurring therein:
13- That at the next general election to be held in the
14-state of Missouri, on Tuesday next following the first Monday
15-in November, 2026, or at a special election to be called by
16-the governor for that purpose, there is hereby submitted to
17-the qualified voters of this state, for adoption or
18-rejection, the following amendment to article X of the
19-Constitution of the state of Missouri:
20- Section A. Sections 20 and 26, article X, Constitution of
21-Missouri, are repealed and four new sections adopted in lie u
22-thereof, to be known as sections 1(a), 20, 20(a), and 26, to
23-read as follows:
24- Section 1(a). Beginning January 1, 2027, the Missouri
25-personal income tax shall no longer be imposed.
26- Section 20. 1. No expenses of state government s hall
27-be incurred in any fiscal year which exceed the sum of the
28-revenue limit established in sections 18 and 19 of this
29-article plus federal funds and any surplus from a previous
30-fiscal year.
31- 2. (1) For all fiscal years beginning on or after
32-July 1, 2027, the appropriation authority of the general
33-assembly under Section 36 of Article III of this
34-Constitution shall be limited as provided under this
35-subsection. Except as provided under subsection 3 of this
36-section, the total amount of moneys of the Missouri state
37- 2
38-government, excluding federal moneys, available for
39-appropriation each fiscal year shall be limited as follows:
40- (a) If the population of the state increased in the
41-most recent full calendar year by more than one percent from
42-the calendar year immediately preceding such calendar year,
43-the general assembly shall have a spending limit equal to
44-one hundred percent of the most recent year's appropriation
45-in which no appropriation is made under subsection 3 of this
46-section plus a corresponding amount based on the percentage
47-of the state population increase, which shall be applied as
48-a percent of the total moneys available for appropriation;
49- (b) If the population of the state increased in the
50-most recent full calendar ye ar by one percent or less from
51-the calendar year immediately preceding such calendar year,
52-the general assembly shall have a spending limit equal to
53-one hundred one percent of the most recent year's
54-appropriation in which no appropriation is made under
55-subsection 3 of this section; or
56- (c) If the population of the state decreased in the
57-most recent full calendar year, the general assembly shall
58-have a spending limit equal to one hundred percent of the
59-most recent year's appropriation in which n o appropriation
60-is made under subsection 3 of this section minus a
61-corresponding amount based on the percentage of the state
62-population decrease, which shall be applied as a percent of
63-the total moneys available for appropriation.
64- (2) When calculating the spending limitation on the
65-appropriation authority of the general assembly as provided
66-under this subsection, all deductions, exemptions, credits,
67-and other tax preferences issued in the previous fiscal year
68-shall be included in the calculati on of the spending
69-limitation.
70- 3
71- 3. (1) The spending limitation on the appropriation
72-authority of the general assembly under subsection 2 of this
73-section may be raised if the general assembly authorizes an
74-increase in the appropriation authority a s follows:
75- (a) If authorized by a two -thirds vote of the members
76-elected to and serving in each house, the spending
77-limitation on the appropriation authority of the general
78-assembly shall be equal to one hundred two percent of the
79-previous fiscal year's appropriation.
80- (b) If authorized by a three -fourths vote of the
81-members elected to and serving in each house, the spending
82-limitation shall be suspended, and there shall be no
83-limitation imposed on the appropriation authority of the
84-general assembly under the provisions of subsection 2 of
85-this section.
86- (2) If an increase is authorized under subdivision (1)
87-of this subsection, the authorized increase in the
88-appropriation authority or the authorized suspension of the
89-spending limitation shall remain in effect until rescinded
90-by a majority vote of the members elected to and serving in
91-each house or until the fiscal year affected by the
92-authorized increase has passed since the limitation was
93-raised, whichever occurs first.
94- Section 20(a). 1. (1) There is hereby established
95-within the state treasury a fund to be known as the "Tax
96-Reform Fund", which shall consist of moneys collected under
97-subsection 3 of this section. Moneys in the fund shall be
98-kept in a singular account to be expended pursuant to
99-appropriation by the general assembly if the conditions
100-under subsection 5 of this section are met and used solely
101-for the purposes described under subsection 5 of this
102-section and for no other purpose.
103- 4
104- (2) The state treasurer shall invest moneys in the
105-fund in the same manner as other funds are invested. Any
106-interest and moneys earned on such investments shall be
107-credited to the fund.
108- (3) Subject to the provisions of subsection 5 of this
109-section, the unexpended balance in the tax reform fund at
110-the close of any fiscal year shall remain in the fund.
111- 2. (1) There is hereby created in the state treasury
112-the "Budget Responsibility Fund", which shall consist of
113-moneys collected under subsection 3 of this section. Moneys
114-in the fund shall be kept in a singular account to be
115-expended pursuant to appropriation by the general assembly
116-if the conditions under subsection 5 of this section are met
117-and used solely for the purposes describ ed under subsection
118-5 of this section and for no other purpose.
119- (2) The state treasurer shall invest moneys in the
120-fund in the same manner as other funds are invested. Any
121-interest and moneys earned on such investments shall be
122-credited to the fund.
123- (3) Subject to the provisions of subsection 5 of this
124-section, the unexpended balance in the budget responsibility
125-fund at the close of any fiscal year shall remain in the
126-fund, except as provided under subdivision (4) of this
127-subsection.
128- (4) At the close of each fiscal year, if the budget
129-responsibility fund maintains a balance in an amount greater
130-than fifty percent of the immediately preceding fiscal year
131-balance of the general revenue fund, the amount in the
132-budget responsibilit y fund in excess of such fifty percent
133-amount shall be transferred to the strategic gold and silver
134-reserve fund established under subsection 6 of this section.
135- 3. (1) For all fiscal years beginning on or after
136-July 1, 2027, if the amount of net general revenue
137- 5
138-collections, as defined under Section 27(a) of Article IV of
139-this constitution, exceeds the anticipated general fund
140-revenue expenditures for a fiscal year by one million
141-dollars or more, each fiscal year that such surplus is
142-realized:
143- (a) Fifty percent of the moneys arising from such
144-surplus shall be deposited into the tax reform fund; and
145- (b) Fifty percent shall be deposited in the budget
146-responsibility fund.
147- (2) The budget responsibility fund shall continue to
148-collect revenue and shall be used only as described under
149-subsection 5 of this section.
150- (3) The tax reform fund shall continue to collect
151-revenue and shall be used only as described under subsection
152-5 of this section, subject to the provisions of su bsection 4
153-of this section.
154- (4) The general assembly may appropriate funds to the
155-credit of the tax reform fund and the budget responsibility
156-fund.
157- 4. (1) Initially, the general assembly shall
158-exclusively utilize the tax reform fund to gra dually reduce
159-the state sales tax rate. In a subsequent year where a
160-surplus of one million dollars or more is realized in the
161-general revenue fund at the close of the fiscal year, a
162-state sales tax decrease trigger of one -hundredth of one
163-percent or greater shall go into effect for every forty -five
164-million dollars in the tax reform fund. There shall be no
165-limit on the number of reductions authorized under this
166-subdivision and such decreases shall remain in effect until
167-the state sales tax is red uced to four percent. Upon the
168-state sales tax rate reaching four percent, the state sales
169-tax rate shall not exceed four percent.
170- 6
171- (2) Upon the reduction of the state sales tax rate to
172-four percent or less, the tax reform fund shall be
173-exclusively used to gradually reduce and eliminate the
174-corporate income tax rate. In a subsequent year where a
175-surplus of one million dollars or more is realized in the
176-general revenue fund at the close of the fiscal year, a
177-corporate income tax decrease trigge r of one-fifth of one
178-percent or greater shall go into effect for every forty -five
179-million dollars in the tax reform fund. There shall be no
180-limit on the number of reductions authorized under this
181-subdivision and such decreases shall remain in effect until
182-the corporate income tax is reduced to zero.
183- (3) Upon the reduction of the state sales tax rate to
184-four percent or less and the elimination of the corporate
185-income tax, the remaining balance of the tax reform fund
186-shall be transferred to th e strategic gold and silver
187-reserve fund, as established and defined in subsection 6 of
188-this section, and the tax reform fund shall be abolished.
189- 5. (1) If the state experiences a budgetary shortfall
190-in the next fiscal year immediately succeeding the
191-implementation of a tax decrease, the tax reform fund may be
192-used during the immediately succeeding appropriation period
193-to supplement areas of necessary funding in the order of the
194-general assembly's authorized appropriations priority for
195-the next fiscal year's budget. The moneys from the fund
196-that may be used for such supplemental funding shall be in
197-an amount not to exceed the lesser of that year's budgetary
198-shortfall or the total loss in net general revenue
199-collections in the fiscal year of the budgetary shortfall as
200-a result of decreased collections due to the general
201-assembly enacting a tax reduction in the previous fiscal
202-year.
203- 7
204- (2) The general assembly may authorize the use of the
205-budget responsibility fund by a two -thirds vote of the
206-members elected to and serving in each house, subject to
207-subsections 2 and 3 of section 20 of this article.
208- 6. (1) There is hereby created in the state treasury
209-the "Strategic Gold & Silver Reserve Fund", which shall
210-consist of moneys collected under subsections 2, 3, and 4 of
211-this section and any other moneys as the general assembly
212-may appropriate, subject to the conditions established under
213-this section.
214- (2) The total of the balance in the tax reform fund
215-shall be transferred to the strategic gold and silver
216-reserve fund as provided under subdivision (3) of subsection
217-4 of this section. After such transfer, the strategic gold
218-and silver reserve fund shall consist of moneys collected
219-under subsection 3 of this section in the same manner as the
220-tax reform fund.
221- (3) Each fiscal year that the balance of the budget
222-responsibility fund meets the conditions to exceed the
223-amount calculated under the provisions of subdivision (4) of
224-subsection 2 of this section, such exc ess amount shall be
225-transferred from the budget responsibility fund to the
226-strategic gold and silver reserve fund.
227- (4) Moneys in the strategic gold and silver reserve
228-fund shall be kept in an account and expended each year
229-solely for the purpose of purchasing gold or silver and the
230-management, storage, or security thereof, and once
231-purchased, such gold or silver shall be physically kept
232-within the borders of the state of Missouri at a depository
233-approved for the holding of state purchased prec ious
234-metals. Gold and silver within the possession of the
235-strategic gold and silver reserve shall not be sold,
236-liquidated, or transferred to the custody of any entity that
237- 8
238-is not the state of Missouri without a constitutional
239-amendment modifying this subsection. Nor shall it be used
240-as collateral against any loans.
241- 7. The general assembly shall enact such laws as may
242-be necessary to carry out the provisions of this section.
243- Section 26. 1. In order to prohibit an increase in
244-the tax burden on the citizens of Missouri, [state and]
245-local sales and use taxes (or any similar transaction -based
246-tax) shall not be expanded to impose taxes on any service or
247-transaction that was not subject to sales, use or similar
248-transaction-based tax on January 1, 2015.
249- 2. Upon the reduction of the state sales tax rate to
250-four percent or less by general law, the total rate of state
251-sales tax imposed by general law and any additional state
252-sales tax imposed under this constitution, but ex cluding the
253-state sales taxes imposed under subsection 3 of this
254-section, subdivision (1) of subsection 4 of section 1 of
255-article XIV of this constitution, and subdivision (1) of
256-subsection 6 of section 2 of article XIV of this
257-constitution, shall be capped at a rate not to exceed four
258-percent, levied and imposed upon all sellers for the selling
259-of tangible personal property or rendering taxable services
260-at retail in this state upon the sales and services that now
261-are or hereafter are listed and se t forth in, and except as
262-to the amount of tax, subject to the provisions of and to be
263-collected as provided in the "Sales Tax Law" and subject to
264-the rules and regulations promulgated in connection
265-therewith.
266- 3. An additional state sales tax is levied for the
267-rendering of lobbying services in this state. The tax shall
268-be at a rate equivalent to six percent.
269- Section B. Pursuant to chapter 116, and other
270-applicable constitutional provisions and laws of this state
271- 9
272-allowing the general assembly to adopt ballot language for
273-the submission of this joint resolution to the voters of
274-this state, the official summary statement of this
275-resolution shall be as follows:
276- "Shall the Missouri Constitution be amended to
277-eliminate the personal income tax; impose a spending limit
278-on the General Assembly; create surplus revenue funds for
279-reducing certain taxes, supplementing budgets, and buying
280-gold and silver; repeal the prohibition on certain sales and
281-use taxes; cap the state sales tax rate; and impose a tax on
282-lobbying services?".
15+ That at the next general election to be held in the 1
16+state of Missouri, on Tuesday next following the first Monday 2
17+in November, 2026, or at a special election to be called by 3
18+the governor for that purpose, there is hereby submitted to 4
19+the qualified voters of this state, for adoption or 5
20+rejection, the following amend ment to article X of the 6
21+Constitution of the state of Missouri:7
22+ Section A. Sections 20 and 26, article X, Constitution of 1
23+Missouri, are repealed and three new sections adopted in lieu 2
24+thereof, to be known as sections 20, 20(a), and 26, to re ad as 3
25+follows:4
26+ Section 20. 1. No expenses of state government shall 1
27+be incurred in any fiscal year which exceed the sum of the 2
28+revenue limit established in sections 18 and 19 of this 3
29+article plus federal funds and any surplus from a previous 4
30+fiscal year. 5
31+ 2. (1) The appropriation authority of the general 6
32+assembly under Section 36 of Article III of this 7
33+constitution shall be limited as provided under this 8 SJR 31 2
34+subsection. The total amount of moneys available for 9
35+appropriation each fiscal ye ar shall be limited as follows: 10
36+ (a) If the population of the state increased in the 11
37+most recent full calendar year by more than one percent from 12
38+the calendar year immediately preceding such calendar year, 13
39+the general assembly shall have a spending limit equal to 14
40+one hundred percent of the most recent year's appropriation 15
41+in which no appropriation is made under subsection 3 of this 16
42+section plus the percentage of the state population 17
43+increase, which shall be applied as the percent of the total 18
44+moneys available for appropriation; 19
45+ (b) If the population of the state increased in the 20
46+most recent full calendar year by one percent or less from 21
47+the calendar year immediately preceding such calendar year, 22
48+the general assembly shall have a spendin g limit equal to 23
49+one hundred and one percent of the most recent year's 24
50+appropriation in which no appropriation is made under 25
51+subsection 3 of this section; or 26
52+ (c) If the population of the state decreased in the 27
53+most recent full calendar year, the general assembly shall 28
54+have a spending limit equal to one hundred percent of the 29
55+most recent year’s appropriation in which no appropriation 30
56+is made under subsection 3 of this section minus the 31
57+percentage of the state population decrease. 32
58+ (2) When calculating the spending limitation on the 33
59+appropriation authority of the general assembly as provided 34
60+under this subsection, all deductions, exemptions, credits, 35
61+and other tax preferences issued in the previous fiscal year 36
62+shall be included in the ca lculation of the spending 37
63+limitation. 38 SJR 31 3
64+ 3. (1) The spending limitation on the appropriation 39
65+authority of the general assembly under subsection 2 of this 40
66+section may be raised if the following conditions are met: 41
67+ (a) The governor requests the general assembly to 42
68+approve and authorize an appropriation; and 43
69+ (b) The general assembly approves the request in 44
70+accordance with the specifics of the governor's request by a 45
71+two-thirds vote of the members elected to and serving in 46
72+each house. 47
73+ (2) Once the conditions under subdivision (1) of this 48
74+subsection are met, the spending limitation on the 49
75+appropriation authority of the general assembly shall be 50
76+equal to one hundred two percent of the previous year's 51
77+appropriation. This one-hundred-two-percent limit shall 52
78+remain in effect until the governor's appropriation request 53
79+is rescinded or until twelve months have passed since the 54
80+request was made, whichever occurs first. 55
81+ Section 20(a). 1. (1) There is hereby establi shed 1
82+within the state treasury a fund to be known as the "Tax 2
83+Reform Fund", which shall consist of moneys collected under 3
84+subsection 2 of this section. Moneys in the fund shall be 4
85+kept in a singular account to be expended pursuant to 5
86+appropriation by the general assembly if the conditions 6
87+under subsection 3 of this section are met and used solely 7
88+for the purpose of supplementing a full fiscal year 8
89+budgetary shortfall as described under subsection 3 of this 9
90+section and for no other purpose. 10
91+ (2) The state treasurer shall invest moneys in the 11
92+fund in the same manner as other funds are invested. Any 12
93+interest and moneys earned on such investments shall be 13
94+credited to the fund. 14 SJR 31 4
95+ (3) Subject to the provisions of subsection 3 of this 15
96+section, the unexpended balance in the tax reform fund at 16
97+the close of any fiscal year shall remain in the fund. 17
98+ 2. (1) For all fiscal years beginning on or after 18
99+July 1, 2027, if the amount of net general revenue 19
100+collected, as defined under Section 27 (a) of Article IV of 20
101+this constitution, exceeds the anticipated general fund 21
102+revenue expenditures for a fiscal year by one million 22
103+dollars or more, each fiscal year that such surplus is 23
104+realized, such surplus in excess of one million dollars 24
105+shall be deposited into the tax reform fund. 25
106+ (2) In a subsequent year where a surplus of one 26
107+million dollars or more is realized, if the tax reform fund 27
108+reaches and maintains a minimum balance that is greater than 28
109+or equal to one hundred twenty million dol lars, the general 29
110+assembly shall authorize by general law a personal income 30
111+tax decrease trigger of one -tenth of one percent or 31
112+greater. If the balance of the tax reform fund exceeds one 32
113+hundred twenty million dollars, the general assembly shall 33
114+authorize by general law additional personal income tax 34
115+decreases in an amount equal to or greater than one - 35
116+twentieth of one percent for every sixty million dollars 36
117+over one hundred twenty million dollars in the tax reform 37
118+fund. There shall be no cap on t he number of reductions 38
119+authorized under this subdivision and such decreases shall 39
120+remain in effect until the personal income tax is reduced to 40
121+zero. 41
122+ (3) Upon the reduction and elimination of the personal 42
123+income tax, the general assembly shall ut ilize the tax 43
124+reform fund to gradually reduce and eliminate the corporate 44
125+income tax. 45 SJR 31 5
126+ (4) After both personal income taxes and corporate 46
127+income taxes have been reduced to zero, the tax reform fund 47
128+shall continue to collect revenue and shall be us ed only to 48
129+supplement budget shortfalls as described under subsection 3 49
130+of this section following fiscal years where the general 50
131+assembly enacted a tax reduction. 51
132+ (5) After personal income tax is reduced to zero, it 52
133+shall remain at zero. 53
134+ (6) After corporate income tax is reduced to zero, it 54
135+shall remain at zero. 55
136+ (7) The general assembly may appropriate funds to the 56
137+credit of the tax reform fund. 57
138+ 3. If the state experiences a budgetary shortfall in 58
139+the next fiscal year immediat ely succeeding the 59
140+implementation of a personal income tax decrease, the tax 60
141+reform fund may be used during the immediately succeeding 61
142+appropriation period to supplement areas of necessary 62
143+funding in the order of the general assembly's authorized 63
144+appropriations priority for the next fiscal year's budget. 64
145+The moneys from the fund that may be used for such 65
146+supplemental funding shall be in an amount not to exceed the 66
147+lesser of that year’s budgetary shortfall or sixty million 67
148+dollars for every one -twentieth of one percent decrease from 68
149+the personal income tax from the previous year. 69
150+ 4. (1) Subject to the enactment of a personal income 70
151+tax decrease trigger by general law as provided under 71
152+subdivision (2) of subsection 2 of this section, if the one- 72
153+million-dollar surplus trigger under subdivision (2) of 73
154+subsection 2 of this section was realized in the previous 74
155+fiscal year, the personal income tax decrease trigger shall 75
156+be implemented by the department of revenue to take effect 76
157+on January first of the calendar year immediately following 77 SJR 31 6
158+the close of the fiscal year in which the one -million-dollar 78
159+surplus amount was realized. 79
160+ (2) The department of revenue shall implement an 80
161+annual process to review and report future reduction 81
162+conditions at the same time and in the same manner as under 82
163+chapter 143. 83
164+ 5. The general assembly shall enact such laws as may 84
165+be necessary to carry out the provisions of this section. 85
166+ Section 26. [In order to prohibit an increase in th e 1
167+tax burden on the citizens of Missouri, state and local 2
168+sales and use taxes (or any similar transaction -based tax) 3
169+shall not be expanded to impose taxes on any service or 4
170+transaction that was not subject to sales, use or similar 5
171+transaction-based tax on January 1, 2015. ] 1. (1) The 6
172+total amount of state sales tax imposed by general law, 7
173+excluding any additional sales tax imposed under this 8
174+constitution, shall be capped and the rate of sales tax 9
175+shall be a tax equivalent to three and seven hundr ed seventy- 10
176+five thousandths percent, levied and imposed upon all 11
177+sellers for the privilege of selling tangible personal 12
178+property or rendering taxable services at retail in this 13
179+state upon the sales and services that now are or hereafter 14
180+are listed and set forth in, and except as to the amount of 15
181+tax, subject to the provisions of and to be collected as 16
182+provided in the "Sales Tax Law" and subject to the rules and 17
183+regulations promulgated in connection therewith. 18
184+ (2) The provisions of subdivision (1) of this 19
185+subsection shall become effective upon the passage by the 20
186+general assembly and approval by the governor of any bill 21
187+authorizing the statutory imposition of a state sales or use 22
188+tax on any service that was not subject to sales, use, or 23
189+similar transaction-based tax on January 1, 2015. The 24 SJR 31 7
190+reduction in the rate of tax under subdivision (1) of this 25
191+subsection shall take effect on the immediately succeeding 26
192+January first, following the passage and approval of such 27
193+bill. 28
194+ 2. An additional state sales tax is levied for the 29
195+rendering of lobbying services in this state. The tax shall 30
196+be at a rate equivalent to six percent. 31
197+ Section B. Pursuant to chapter 116, and other 1
198+applicable constitutional provisions and laws of this state 2
199+allowing the general assembly to adopt ballot language for 3
200+the submission of this joint resolution to the voters of 4
201+this state, the official summary statement of this 5
202+resolution shall be as follows: 6
203+ "Shall the Missouri Constitution be amended to: 7
204+• Create a "Tax Reform Fund", which would use 8
205+excess revenue to reduce and gradually eliminate 9
206+Missouri income taxes; 10
207+• Impose an annual spending limit on the 11
208+Missouri General Assembly; 12
209+• Cap the statutory state sales tax rate; 13
210+• Impose a sales tax on lobbying services; and 14
211+• Repeal the prohibition on certain new sales 15
212+and use taxes?". 16
213+